Native title is the recognition by Australian law of Aboriginal and Torres Strait Islander people’s traditional rights and interests in land and waters held under traditional law and custom.
What does native title actually do?
Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.
What is the difference between land rights and native title?
Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.
Does native title mean ownership?
The Native Title Act 1993 (NTA) gives recognition that “Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership“.
How is native title Recognised in Australia?
The Native Title Act 1993 (Cth) (NTA) is a law passed by the Australian Parliament that recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.
How is native title Recognised today?
Native title: • can be extinguished (refused recognition) because of things the government has done, or allowed others to do, over a particular area that are inconsistent with native title • is not granted by governments—it is usually recognised through a determination made by the Federal Court under the Native Title …
Who can claim native title?
Areas where you may be able to claim native title include: • Vacant Crown land; • National Parks; • State Forests; • Crown reserves; • Some types of non-exclusive leases; • Land covered by permissive occupancies & licences; and • Inland waters and the sea.
What is wrong with native title in Australia?
Native title was to be replaced by ‘traditional land use’ statutory access rights. Both the WA and Commonwealth Acts were challenged in the High Court. The 1995 Native Title Act case confirmed the Commonwealth legislation was a valid exercise of power and the state legislation was inconsistent and therefore invalid.
What is native title status?
Native title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs.
What is wrong with the Native Title Act?
The problem is that native title can easily be extinguished, it is impossible to ‘revive’ extinguished title, and there’s a lack of either a right of veto or a statutory entitlement to any royalties from mining. Private payments negotiated with mining companies allow these access to traditional lands.
What did native title Remove from Australian law?
Mabo versus Queensland
The High Court’s judgement in the Mabo case resulted in the introduction of the doctrine of native title into Australian law, removing the myth of terra nullius and establishing a legal framework for native title claims by Aboriginal and Torres Strait Islander people in Australia.
Is native title a proprietary right?
Native title is usually (but not always) non-exclusive, meaning it exists alongside other (non-indigenous) rights and interests. Non-exclusive native title rights may include the right to access, hunt and camp on traditional country, but not the right to control access to, and use of, an area.
How much of Australia is under native title?
Native title claimants can make an application to the Federal Court of Australia to have their native title recognised by Australian law. At , native title has been recognised over approximately 2,469,647 km2 or about 32% of the Australian land mass.
How do you prove native title?
As detailed in Chapter 4, native title claimants are required to show that, as a matter of fact, they possess communal, group or individual rights and interests in relation to land or waters under traditional laws acknowledged and customs observed by them, and that, by those laws and customs, they have a connection …
Is native title a land right?
In NSW, native title is a set of rights offered over land that might be already held by Aboriginal people under the Land Rights Act. This means there are two laws over the land that recognise Aboriginal rights and interest in the land.
Is native title freehold land?
Native title cannot be claimed on freehold land, as it is extinguished over the area. However, protection is required on freehold land under State and federal legislation for the protection of sacred sites.
Why is native title important?
Native title protects the land which will be passed on to future generations along with the traditional laws and customs which govern it. Business opportunities. Aboriginal people can establish businesses and create training and employment, giving them economic independence.